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SMITH v. MARCUS & MILLICHAP, INC.

No. 22-11951.

106 F.4th 1091 (2024)

Betty M. SMITH, as personal representative of the estate of Shirley T. Cox, Judith A. Ballew, Attorney-in-Fact of John E. Ballew, Mark F. Lapp, as personal representative of the estate of Roger J. Lapp, Plaintiffs-Appellants, v. MARCUS & MILLICHAP, INCORPORATED, Defendant, Michael Bokor, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: June 28, 2024.

Attorney(s) appearing for the Case

Mary J. Perry, James L. Wilkes, II, Michael Karl Beck, Bennie Lazzara, Jr., Wilkes & Associates, PA, Tampa, FL, Robert E. Salyer, Wilkes & McHugh, PA, Lexington, KY, for Plaintiffs-Appellants.

Zachary A. Madonia, Michael R. Pennington, Bradley Arant Boult Cummings, LLP, Birmingham, AL, Diana Nicole Evans, Kyle W. Robisch, Bradley Arant Boult Cummings, LLP, Tampa, FL, for Defendant-Appellee Michael Bokor.

Before Branch, Luck, and Tjoflat, Circuit Judges.

This appeal arises from a putative class action filed on behalf of Florida skilled nursing facility residents and their estates seeking to recover nearly a billion dollars of payments.1 The Residents alleged that these facilities were improperly licensed under Florida law and therefore any services...

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